Lotharian legend
The Lotharische Legend is an occupied since the early 16th century and the 17th century refuted legend , after the Emperor Lothar III. in 1135 after the conquest of Amalfi by law , I introduced Roman law in the Holy Roman Empire and, at the same time, eliminated all conflicting law and prohibited future changes to the law. This legend, promoted by Melanchton , is based on the question of how Roman law spread in Germany in the late Middle Ages. The observance of the tradition, which was ineffective for centuries, was due to the fact that the high medieval conviction that Roman law was natural law of spiritual authority faded and a new legitimation of Roman law was required in a phase of practical reception .
The introduction of Roman law by Lothar would have meant that the adoption of this right was based on a legislative act. By enacting a law of this magnitude, the emperor would have also strengthened the imperial power.
The polyhistorian Hermann Conring exposed this view as a legend in his work De origine iuris germanici in 1643 . Conring proves for the first time close to sources and historically accurate that Roman law spread through academic reception at universities and gradually gained customary validity through practical application. In addition, Roman law has only been adopted incompletely and through various changes. In addition, no document of the alleged legal act could be found.
literature
- Alberto Jori : Hermann Conring (1606–1681). The founder of German legal history . With a greeting from Kristian Kühl, Tübingen 2006, ISBN 3935625596 .
Individual evidence
- ^ Franz Wieacker : History of private law in the modern age. Taking into account the German development. 2nd edition, Vandenhoeck & Ruprecht, 1967. Chapter: Causes and conditions of profane full reception p. 124 ff. (145).